ABDI v. GARBISCH, 12-306(JNE/JJG). (2013)
Court: District Court, D. Minnesota
Number: infdco20130911957
Visitors: 10
Filed: Sep. 10, 2013
Latest Update: Sep. 10, 2013
Summary: ORDER JOAN N. ERICKSEN, District Judge. In a Report and Recommendation dated August 16, 2013, the Honorable Jeanne J. Graham, United States Magistrate Judge, recommended that Defendants' motion for summary judgment be denied, that their motion to dismiss for lack of prosecution be granted, and that this action be dismissed without prejudice. In a statement filed on September 3, 2013, Plaintiff agreed that this case "be executed and continued [until] a final judgement is reached by the Court."
Summary: ORDER JOAN N. ERICKSEN, District Judge. In a Report and Recommendation dated August 16, 2013, the Honorable Jeanne J. Graham, United States Magistrate Judge, recommended that Defendants' motion for summary judgment be denied, that their motion to dismiss for lack of prosecution be granted, and that this action be dismissed without prejudice. In a statement filed on September 3, 2013, Plaintiff agreed that this case "be executed and continued [until] a final judgement is reached by the Court." T..
More
ORDER
JOAN N. ERICKSEN, District Judge.
In a Report and Recommendation dated August 16, 2013, the Honorable Jeanne J. Graham, United States Magistrate Judge, recommended that Defendants' motion for summary judgment be denied, that their motion to dismiss for lack of prosecution be granted, and that this action be dismissed without prejudice. In a statement filed on September 3, 2013, Plaintiff agreed that this case "be executed and continued [until] a final judgement is reached by the Court." The Court has conducted a de novo review of the record. See D. Minn. LR 72.2(b). Based on that review, the Court adopts the Report and Recommendation [Docket No. 33]. Therefore, IT IS ORDERED THAT:
1. Defendants' Joint Motion for Summary Judgment or in the Alternative to Dismiss for Lack of Prosecution [Docket No. 17] is DENIED as to summary judgment and GRANTED as to dismissal pursuant to Rule 41(b) of the Federal Rules of Civil Procedure.
2. This action is DISMISSED WITHOUT PREJUDICE.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Source: Leagle
